Sutcliffe and Another v Sayer

Sutcliffe and Another v Sayer - 1987 - Estates Gazette 281 (6327) 28 March 1987, 1452-1456 (3) .

CA 3 February 1987. Appeal by plaintiffs from decision of cc rejecting their claim for alleged breach of duty and negligence against defendant estate agent who valued a house purchased by the plaintiffs. The defendant, who was not a qualified surveyor, produced a report headed " Valuation " which drew attention to settlement on the gable and dampness requiring a new damp proof course. Taking account of the shortcomings, a purchase at 8,650 was recommended. Three years later the plaintiffs experienced extreme difficulty in selling the house; it had been built on a substratum of peat causing the settlement. Such properties had proved difficult to sell. The plaintiffs sued the defendant for breach of duty and negligence, contending that the report provided a misleading view of the very real defects of a house built on peat with obvious settlement and should have contained a warning as to probable difficulty in reselling. The cc had dismissed their claim, finding that the defendant had b


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